1. What is the crime of insulting others on the Internet?
Abuse of others on the Internet may constitute insult or slander. Article 246th of the Civil Code of People's Republic of China (PRC) stipulates that whoever publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance. I would like to remind you that libel and insult are both crimes of private prosecution, and the parties need to file a criminal private prosecution with the people's court.
Second, how to punish abusive behavior on the Internet?
There are two kinds of punishments for insulting others on the Internet: administrative punishment and criminal punishment. Among them, administrative punishment mainly refers to the provisions of Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law. Whoever publicly insults others or fabricates facts to slander others shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. The criminal punishment that constitutes a crime is fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Third, the standard of filing a case for insulting others by the Internet.
There are clear legal provisions on the standard of filing a case for insulting others on the Internet. Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Defamation through Information Networks stipulates that anyone who defames others through information networks shall be deemed as "serious" as stipulated in the first paragraph of Article 246 of the Criminal Law:
(1) The same defamatory information has actually been clicked or viewed more than 5,000 times, or has been forwarded more than 500 times;
(2) Causing serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives;
(3) Defaming others within two years after being punished by administrative punishment for defamation;
(4) Other serious circumstances.